File affidavit for opposing CBI probe in Ishrat case: Guj HC

Ahmedabad: The Gujarat High Court on Tuesday
asked the state government to file an affidavit giving reasons
for its opposition to CBI probe in Ishrat Jahan encounter case
of 2004, instead of making oral submissions.

A division bench comprising Justices Jayant Patel and
Abhilasha Kumari asked advocate general Kamal Trivedi,
appearing for the state, to explain why despite instruction
from the court before commencement of the hearing the state
government did not file any affidavit.
If the state is opposed to transfer of Ishrat encounter
case to CBI it has to explain it with reasons for its
opposition, the court told Trivedi.

The court would also like to know what material the state
was relying upon to take such a stand. The state needs to file
its reply in writing, it said.

The apex court has laid down certain parameters for
transferring a case to CBI, and the petitioners have contended
that the case falls within those parameters, the court said,
adding the state has not indicated its stand despite earlier
order.

The court also sought response of the state in case it
considers reconstitution of the SIT or transfer the probe to
Anti Terrorist Squad as per National Human Rights Commission
(NHRC) guidelines or any other agency.
The petitioners who have demanded CBI probe also said the
state has no right to challenge Tamang`s report saying the
magistrate`s report was ordered by the state itself. The
report had said the Ishrat encounter was fake.